The Facebook, Inc. v. Connectu, LLC et al - 224

The Facebook, Inc. v. Connectu, LLC et al Doc. 224 Case 5:07-cv-01389-RS Document 224 Filed 11/14/2007 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. HOPKINS GUY, III (State Bar No. 124811) hopguy@orrick.com I. NEEL CHATTERJEE (State Bar No. 173985) nchatterjee@orrick.com MONTE COOPER (State Bar No. 196746) mcooper@orrick.com THERESA A. SUTTON (State Bar No. 211857) tsutton@orrick.com YVONNE P. GREER (State Bar No. 214072) ygreer@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 Attorneys for Plaintiffs FACEBOOK, INC. and MARK ZUCKERBERG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FACEBOOK, INC. and MARK ZUCKERBERG, Plaintiffs, v. CONNECTU, INC. (formerly known as CONNECTU, LLC), CAMERON WINKLEVOSS, TYLER WINKLEVOSS, DIVYA NARENDRA, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA AND DOES 1-25, Defendants. Case No. 5:07-CV-01389-RS FACEBOOK’S ADMINISTRATIVE REQUEST PURSUANT TO LOCAL CIVIL RULE 79-5 (D) TO FILE UNDER SEAL THE REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF FACEBOOK’S MOTION TO COMPEL PACIFIC NORTHWEST SOFTWARE AND WINSTON WILLIAMS TO PROVIDE COMPLETE AND SUPPLEMENTAL RESPONSES TO FACEBOOK’S FIRST SET OF INTERROGATORIES NOS. 3 AND 4 AND EXHIBITS I AND K TO THE DECLARATION OF MONTE COOPER IN SUPPORT OF FACEBOOK’S MOTION TO COMPEL Date: Time: Judge: November 28, 2007 9:30 a.m. Honorable Richard Seeborg FACEBOOK’S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS Dockets.Justia.com Case 5:07-cv-01389-RS Document 224 Filed 11/14/2007 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil L.R. 7-11 and 79-5 (d), Facebook respectfully submits this administrative request asking the Court to file under seal the Reply Memorandum Of Points And Authorities In Support Of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 and Exhibits I and K To the Declaration of Monte M. F. Cooper In Support of Facebook's Reply Memorandum In Support of the Motion To Compel. The parties entered into, and the California Superior Court issued, a Stipulated Protective Order on January 23, 2006, which prohibits either party from filing in the public record any documents that have been designated as “Confidential” or “Highly Confidential” pursuant to the Protective Order. The Reply Memorandum Of Points And Authorities In Support Of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 contains direct quotes from a document produced by PNS. The document has been marked Highly Confidential by PNS pursuant to the Protective Order entered in this matter, and hence portions of the Reply Memorandum Of Points And Authorities In Support Of Facebook’s Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether the excerpts from the document produced by PNS referred to in the Reply Memorandum of Points and Authorities in Support of Facebook’s Motion to Compel is highly confidential. Exhibit I to the Declaration of Monte M. F. Cooper filed in Support of Facebook's Reply Memorandum of Points and Authorities In Support Of The Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is a copy of relevant excerpts from Winston Williams’ June 19, 2007 deposition. The deposition testimony has been marked Highly Confidential by Winston Williams pursuant to the Protective Order entered in this matter, and hence is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether the -2PLAINTIFF’S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS Case 5:07-cv-01389-RS Document 224 Filed 11/14/2007 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 deposition testimony of Winston Williams is confidential. Exhibit K to the Declaration of Monte M. F. Cooper filed in Support of Facebook's Reply Memorandum of Points and Authorities In Support Of The Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is a copy of a relevant exhibit from PNS’s production. This document has been marked Highly Confidential by PNS pursuant to the Protective Order entered in that matter, and hence is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether this document is confidential. Dated: November 14, 2007 Orrick, Herrington & Sutcliffe LLP /s/ Yvonne P. Greer /s/ Yvonne P. Greer Attorneys for Plaintiffs FACEBOOK, INC. AND MARK ZUCKERBERG -3- PLAINTIFF’S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS Case 5:07-cv-01389-RS Document 224 Filed 11/14/2007 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on November 14, 2007. Dated: November 14, 2007. Respectfully submitted, /s/ Yvonne P. Greer /s/ Yvonne P. Greer -4- PLAINTIFF’S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS